1L Property: Finders

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1L Property: Finders
2011-08-30 18:26:52
1L Finders

Finders Rules
Show Answers:

  1. What's the general rule for finders?
    Finder has good title against the whole world except the true owner and prior possessors (Armory Rule)
  2. To distinguish lost, mislaid, abandoned, and treasure trove... what do courts consider? (3 factors)
    • 1. Place found (public, private, hidden, etc.)
    • 2. Value of Item
    • 3. State of the TO's mind
  3. What is bailment?
    Rightful possession of goods by a person who is not the owner
  4. Apply Winkfield:

    Apply Non-Winkfield:
    i) Winkfield Rule Applies: Protects Purchaser

    • (1) TO cannot win a cause of action against a subsequent possessor who is a purchaser
    • for value

    • (a)TO has the burden of becoming whole and recover damages; subsequent possessor has
    • a defense and is not found liable to TO

    ii) Non-Winkfield Rule: Protects TO

    • (1) The TO can take a cause of action against a subsequent possessor, even if the
    • subsequent possessor is a purchaser for value

    • (a) Always
    • TO to sue a purchaser for value in case the baliee was insovlent

    • (b) The
    • purchaser for value must now try to go after the baliee under subrogation.
  5. Employer/employee rules for finder?
    if an employee finds property in the course of their employment:

    English Jurisdiction: The servant finds for the master-OLIQ wins

    American Jurisdiction (Modern): The Armory Rule still applies-Finder wins
  6. Define Lost Property:
    Unintentionally parted with

    i) Public- finder wins/prevails; apply Armory rule

    ii) Private- OLIQ wins; owner/occupier gets incase TO returns (McAvoy v. Medina)

    • (1)
    • If found on private residence and imbedded in land, the
    • OLIQ wins (S.Staffordshire)

    • (2) Locations that are
    • highly private (IE home) go straight to OLIQ
  7. Mislaid Property
    • Intentionally placed but
    • unintentionally parted with

    • i) General Rule: Usually
    • goes to OLIQ; to protect TO if they retrace their steps
  8. Abandoned Property
    • Intentionally placed but
    • intentionally parted with

    • i) General Rule: Goes to Finder...(Armory applies) unless trespassing, then
    • goes to OLIQ

    • ii) Property of value is
    • usually not abandoned, however illegal property can be. Look to the intent of
    • the TO.

    • iii)
    • When a TO abandons property, he relinquishes rights to
    • property. He abandons any title or possessory rights.
  9. Treasure Trove
    • Intentionally placed and
    • intentionally parted with, with intent to return

    • i) Definition: Anything of value that
    • was concealed/ hidden by someone for a long time with the intent to return to
    • reclaim. Used to be known as gold, money, coins hidden in the earth… belonging
    • to the crown

    • ii) Rule Based on
    • Jurisdiction.

    (1) American—Finder Prevails (Armory Rule Applies) not the owner of the land or the state

    (2) English Rule—Treasure belongs to the crown

    • (3) Caveat: Court often
    • rejects traditional common law--application of Armory that finder have title--…
    • b/c it sponsors trespassing…

    • *For exam explain
    • court’s dissatisfaction of applying American Rule; Court distinguishes 2 things
    • to NOT apply American Rule:

    • 1. Finder was
    • there at request of OLIQ and thus working on his behalf. Probably found on
    • private property

    • 2. Classify
    • property as mislaid instead of treasure trove and thus Armory does not apply